WEB SITE
TERMS OF USE
Wow! You
actually came to this page. Our lawyers made us include
it and made us use a precious button on our home page to
get you here. At first, we thought the lawyers were a
real pain. But then we read the page. What a Netwakening!
It's really important stuff. We took the legalese the
lawyers wrote and translated it into readable English.
So be a smart nethead and read the stuff on this page.
It could prevent you from hearing from our lawyers, or
worse yet, from really nasty people, like prosecutors.
Here's the
deal:
We run
this site so that people like you (and people you like)
can use it for personal entertainment, information,
education, communication, and cybergratification. So go
ahead and browse around all you like. You can even
download stuff from the site but only for
non-commercial, personal use. If you do, though, don't
fool around with the copyright and other notices all
over the stuff. They're there for a really good reason.
And don't even think about distributing, modifying,
transmitting, reusing, re-posting, or anything else
uncool with any of the stuff, including the text,
images, audio, and video, for public or commercial
purposes unless we give you written permission. And it's
not likely we will.
If you
visit our site, you're also legally obligated to the
terms and conditions listed below and any other law or
regulation that applies to the site, the Internet, the
World Wide Web, or Los Angeles, CA. You shouldn't access
or browse the site if you have any problem with that,
because once you start, there's no turning back -- you
are bound by [read: stuck with] the terms and
conditions.
So here's
the scoop on our Top Eleven Rules for Cybersurfers who
hang out on our site:
1. For
everyone's sake, just assume that everything on the site
is copyrighted unless we say it's not. So you can't use
the stuff except how we say you can on this page or
anywhere else on the site without our written
permission. And like we said before, it's not likely
we'll give you permission anyway. In fact, even if we
wanted to, the lawyers are likely to veto any deal
anyway. So it's better you don't even ask.
2. While
we try to include accurate stuff on the site, we're not
promising you it's accurate. In fact, we're not
promising you anything except fun and entertainment. So
if you use stuff on the site, you're using it at your
own risk. Don't call us if there's a problem because we
assume no liability or responsibility for errors or
omissions on the site.
3. We and
anybody else who helped us create, produce, or deliver
the site are not liable for any damages you suffer when
you use it. In particular, the lawyers want you to know
that our disclaimer includes "direct, incidental,
consequential, indirect, or punitive damages arising out
of your access to, or use of, the site. Without limiting
the foregoing, everything on the site is provided to you
'AS IS' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON INFRINGEMENT.
Please
note that some jurisdictions may not allow the exclusion
of implied warranties, so some of the above exclusions
may not apply to you. Check your local laws for any
restrictions or limitations regarding the exclusion of
implied warranties. " Ugh! What a mouthful from the
mouthpieces. We put all of that in quotes because we
couldn't figure out any other way to say it that the
lawyers would accept. But here's the bottom line --
we're not responsible if you're browsing around and the
site damages you or your computer or infects it with any
nasty viruses. We sure hope that doesn't happen, but if
it does, don't call us.
4. If you
don't want the world to know something, don't post in on
the site in any bulletin board or anyplace else. That's
because anything you disclose to us is ours. That's
right -- ours. So we can do anything we want with the
stuff you post. We can reproduce it, disclose it,
transmit it, publish it, broadcast it, and post it
someplace else. We can even send it to your mother (as
soon as we find her address). Not only that, we can even
use any ideas, concepts, know-how, or techniques you
post any way we want to, including, developing,
manufacturing and marketing products or other stuff
using the information you post.
5.
Pictures of people or places shown on the site are
either our property or someone else's property we're
using with their permission. No matter what, it's
definitely not your property. You or any of your
net-friends can't use it unless we said you could on
this page or somewhere else on the site. And guess what
-- we won't say yes. So be careful, Bunky, because
unauthorized use may violate all sorts of nasty laws. Be
smart, keep the stuff you download to yourself.
6. There's
also a lot of trademarks, logos, and service marks on
the site that either we own or we're using with someone
else's permission. So don't think you have any kind of
license or right to use them, because you don't and
we're not about to give you one. If you don't leave them
alone and mess with our trademarks, logos and service
marks on our site, we'll probably go ballistic, so will
the companies that own the other trademarks, logos and
service marks. That means that we're likely to sue you
or to ask a prosecutor to come after you for messing
around with our property or the property of others.
7. You'll
probably notice we've linked our site to lots of others.
While that's cool, it doesn't mean we've looked at all
those sites, much less checked them out periodically to
see what's going on. So don't blame us if some site you
link to is bad or has stuff on it that offends you or
your pets. Go ahead and link, but remember, you're doing
it at your risk.
8. That
brings us to what you do on our own site. While we
occasionally listen in on chat groups, or look at the
posting in our discussion groups or on our bulletin
boards, we take no responsibility and assume no
liability for the content of those locations or for any
mistakes, defamation, libel, slander, omissions,
falsehoods, obscenity, pornography, or profanity you
might encounter when you visit such places on our site.
And don't be stupid by posting or transmitting any
unlawful, threatening, libelous, defamatory, obscene,
scandalous, inflammatory, pornographic, nasty, mean, or
profane material or any material that law enforcement
types may consider a criminal offense, get someone in
court on a civil lawsuit, or for that matter violate any
law -- anywhere, anytime. While we certainly respect
your privacy, we have no choice but to fully cooperate
with any law enforcement authorities or court which
might ask us who might have posted nasty stuff on our
site.
9.
Software that we use on this Site is protected by all
sorts of patriotic U.S. laws. Because of that, you can't
download or send the software to anyone in the vacation
travel spots of Cuba, Iraq, Libya, North Korea, Iran,
Syria, or any other country where United States has
embargoed goods; or (get this) to anyone on the United
States Treasury Department's list of Specially
Designated Nationals, the U.S. Commerce Department's
Table of Deny Orders, or the FBI's Most Wanted Internet
Creeps List (just kidding on the last one). As if that
were not tough enough, if you live in or are a national
of any of those lovely places, you're not even supposed
to be reading this page, so beat it!
10. We're
also allowed to change this page and anything else on
the site any time we want to. That's because it's ours
and we have the programmers who can do it. If we do
change the page, then you're bound by those changes,
too, whenever you visit our site.
11. If
either of us wants to make something of it and wants to
"sue" (a dirty word) then we have to follow these rules
of engagement. (sort of according to the Geneva
Convention):
This
Agreement is governed by the laws of the State of
Michigan, without regard to principles of conflict of
laws.
To the
extent you have in any manner violated or threatened to
violate SmartOPTINPages.com (Impulsive Profits, Inc. in
association with Stephen Pierce and Raymond McNally)
and/or its affiliates' intellectual property rights,
SmartOPTINPages.com (Impulsive Profits, Inc. in
association with Stephen Pierce and Raymond McNally)
and/or its affiliates may seek injunctive or other
appropriate relief in any state or federal court in the
State of Michigan, and you consent to exclusive
jurisdiction and venue in such courts.
Any other
disputes will be resolved as follows:
If a
dispute arises under this agreement, we agree to first
try to resolve it with the help of a mutually
agreed-upon mediator in the following location: Ann
Arbor. Any costs and fees other than attorney fees
associated with the mediation will be shared equally by
each of us.
If it
proves impossible to arrive at a mutually satisfactory
solution through mediation, we agree to submit the
dispute to binding arbitration at the following
location: Ann Arbor, under the rules of the American
Arbitration Association. Judgment upon the award
rendered by the arbitration may be entered in any court
with jurisdiction to do so.
SmartOPTINPages™ is the trademark of Impulsive Profits,
Inc. with Stephen Pierce and Raymond McNally and cannot
be used without the written permission of
SmartOPTINPages.com (Impulsive Profits, Inc. in
association with Stephen Pierce and Raymond McNally).
If this
all sounds kind of mean and undiplomatic, you should
have seen what the lawyers gave to us in the first
place. We had to remind them that human torture and
sacrifice was outlawed in the United States. Boy, did
they look disappointed!
August 11,
2005
www.SmartOPTINPages.com